Greer v. State

I respectfully dissent. As noted by the majority, leave to file a belated praecipe is permitted only when a direct appeal is taken from a conviction. I do not agree that the decision in Byrd v. State, 592 N.E.2d 690, 691-692 (Ind.1992) is controlling. Byrd was decided in 1992 prior to the rule change. The version of the rule in effect at the time *762Byrd was decided did not confine consideration to appeals from convictions. The appeal from a probation violation is not a direct appeal from a conviction.

The State could not waive the right to contest jurisdiction, where as here the rule does not…